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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 9. REGULATION OF BARBERS, COSMETOLOGISTS, AND RELATED OCCUPATIONS |
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Chapter 1603. REGULATION OF BARBERING AND COSMETOLOGY |
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Subchapter J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS |
Sec. 1603.455. EMERGENCY ORDERS
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(a) The executive director may issue an emergency order to suspend or revoke a license or permit issued, or to cease the operation of an unsafe facility regulated, by the department under this title if the executive director determines that an emergency exists requiring immediate action to protect the public health and safety.
(b) The executive director may issue the emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.
(c) If an emergency order is issued under this section without a hearing, the executive director, not later than the 10th day after the date the emergency order was issued, shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the emergency order. The executive director shall set the hearing for a date not later than the 30th day after the date the time and place for the hearing are set. The hearing examiner shall affirm the order to the extent that reasonable cause existed to issue the order.
(d) The commission by rule may prescribe procedures for the issuance and appeal of an emergency order under this section, including a rule to allow the commission to affirm, modify, or set aside a decision by the State Office of Administrative Hearings under Subsection (c).
(e) A proceeding under this section is a contested case under Chapter 2001, Government Code.